Expectations as NJC decides Onnoghen‘s fate today

…Senate heads to S’Court to seek interpretation of Onnoghen’s suspension

…NBA directs lawyers to boycott courts nationwide for 2 days

Andrew Orulua, Doosuur Iwambe, and Tunde Opalana, Abuja

Public expectations of the decision the National Judicial Council (NJC) will arrive at during today’s meeting on the suspension of the Chief Justice of Nigeria, Walter Onnoghen, has heightened tension in the country, particularly the judicial arm of government. A Senior Advocate of Nigeria, Tayo Oyetibo, SAN, in a statement, on Monday, noted that all eyes are on the Council not only from Nigeria but also from the international community. The senior lawyer, who raised four major issues for the NJC to consider whether in the face of the serious allegations of infraction of the Code of Conduct for Public Officers, Justice Onnoghen should continue to sit over cases that come to the Supreme Court which might include cases involving violation of the Code of Conduct. “Was the conduct of the various Judges who took turn in issuing Ex Parte injunctions to stop the proceedings of the Code of Conduct Tribunal, at the instance of strangers to the proceedings, in accord with the provisions of Rule 2(2) of the Code of Conduct for Judicial Officers which require that a judicial officer must avoid the abuse of the power of issuing interim injunctions, Ex Parte? “Was the conduct of the Chairman of the Code of Conduct Tribunal in purporting to issue on, 23rd January, 2019, an Ex Parte order for the suspension of the Chief Justice of Nigeria, after having adjourned the proceedings on 22nd January, 2019 to 28th January, 2019 in accord with the provisions of Rule 2(2) already set out above and Rule 2 (5)(i) of the Code of Conduct for Judicial Officers which requires the Judge to hear the other side before making such an order? We recall here the ABN days of 1993 when “black market” injunctions were being procured from various courts. The tragedy of the case at hand is that the impugned order was obtained by the Federal Government. “Was it right for his Lordship, the honourable Justice Ibrahim Tanko Muhammad to have presented himself to the President to be sworn in as Acting Chief Justice of Nigeria to supplant the incumbent Chief Justice of Nigeria, when it was clear from the provisions of section 292(1) and paragraph 21(b) of the Third Schedule to the 1999 Constitution and decided cases that only the NJC has constitutional power to exercise disciplinary control over the Chief Justice of Nigeria? In dealing with this particular issue, the NJC should bear in mind the precedents of the 2006 Ekiti State Judiciary episode and the recent Abia State Judiciary incident”. The statement added that the NJC in dealing with these issues should be proactive and not be inhibited by the dilatory provisions of the Judicial Discipline Regulations 2017. According to the statement, unless these issues are exhaustively and completely dealt with and resolved one way or the other, the festering fire of the crisis is not likely to be completely quenched. “As for the Ruling Party, it is worrisome that the leading lights of progressive politics who presently find themselves in that Political Party have done nothing to caution the President on the tyrannical act of suspending the Chief Justice of Nigeria in derogation of the provisions of the Constitution. “It is axiomatic that those in the Ruling Party who keep quiet in the face of tyrannical governance will sooner than later realise their error of silence when they begin to have their faces bespattered with the same tyrannical paint brush of humiliation”, the statement added. Meanwhile, the Nigerian Senate had earlier on Monday filed a case at the Supreme Court, seeking its interpretation on whether President Muhammadu Buhari acted within the provision of the constitution in his suspension of Justice Onnoghen. The Senate also wants the apex court to decide whether the action of the President does amount to usurpation of the powers of the Senate as provided for in Section 292 of the constitution. “Following the filing of the case, the matter of the suspension of the CJN which is the main issue for which the Senate had planned to reconvene tomorrow (today) has become subjudiced. “Therefore, in line with the standing rules of the Senate not to debate issues that are already pending before the court, the reconvening of the Senate tomorrow (today) has been put off. The previous adjournment of the Senate till February 19, 2019 stays. Also, the Nigerian Bar Association rising from her emergency NEC meeting on Monday, resolved to embark on a two-day warning boycott of courts sessions throughout the country over the suspension of Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, by President Buhari. NBA NEC meeting, which witnessed protest from hundreds of lawyers and some civil society groups, said the warning boycott of courts nationwide will begin today (Tuesday). Protesters for, against Onnoghen’s suspension storm Abuja Meanwhile, as issues surrounding President Muhammadu Buhari’s suspension of Justice Walter Onnoghen as Chief Justice of the Federation rages, different groups supporting Federal Government’s decision and those condemning the action locked down the Federal Capital Territory, Abuja on Monday. One of the groups, made up of hundreds of lawyers and members of National Interest Defenders, Lawyers in Defence of Democracy and other human rights group activists on Monday in Abuja protested the unconstitutional suspension of Justice Walter Onnoghen by President Muhammadu Buhari. The activists converged at the headquarters of Nigerian Bar Association (NBA) demanding among other things that the lawyers association arise in defense of democracy. They also urged justices and judges of courts across the country to shut down courts in solidarity with the CJN. Addressing protesters, the convener, National Interest Defenders, Mr. Ikenga Ugochinyere, alleged that “President Muhammadu Buhari relied on and used a forged and fictitious tribunal order to suspend Justice Onnoghen. “Nigerians will recall that the petition served on the Code of Conduct Bureau against the Chief Justice of Nigeria was received by the Bureau on January 9. The purported Tribunal order on which the President claimed he relied upon was also dated the same January 9. “The Motion on Notice seeking the same prayers as the purported Motion Exparte was dated January 10, the charge filed was dated January 10 while the statement of the Chief Justice of Nigeria in answer to the petition was on January 11”, he stated. He added that from the above dates, it appeared that upon receipt of the petition, the first action of the Bureau was to file a Motion Exparte, asking the Chief Justice to vacate office while Justice Tanko Mohammed be sworn in even before commencement of investigation into the matter, before the Chief Justice was approached to make a statement and even before charges were filed against him. In view of the above, the group accused President Buhari of violating the Constitution which he swore to uphold. “This is an act that amounts to gross misconduct and it most certainly warrants his removal of office. “The National Assembly should as a matter of urgency, national importance and patriotism, commence without any delay the impeachment process of the President. “We also call on the Nigerian Bar Association and the National Judicial Council NJC to decide whether the impunity should be allowed to stand. “The NJC and NBA must order the shutdown of the courts until the illegal suspension of the CJN is lifted and the impostor CJN justice Tanko Mohammed made to vacate the office. “The NJC must expel Justice Tanko Mohammed from the bench for accepting an illegal appointment in violation of the constitution and the NJC rules of engagement. “The NBA must direct lawyers to boycott the Code of Conduct Tribunal presided over by Danladi Umar until disciplinary action is served on Umar for issuing a fake order that paved the way for impunity.” “The National Assembly should also immediately commence action for the removal from office of the Chairman of the Code of Conduct Tribunal, Mr. Danladi Umar, who, having criminal charges against him, still sits in office and dumped Nigeria in a state of constitutional hiatus.” At the Embassy of the United States in Abuja, Civil society activists staged a protest condemning the suspension which was described as unilateral, dictatorial and unconstitutional. They called on Nigerians to rise up against the unjust and unconstitutional action of the President. The protest was disrupted by another group of people in support of President Buhari’s action. The group supporting President Buhari’s decision began their protest from the Unity Fountain, Abuja and stormed the entrance of the National Assembly where they prevented workers, visitors and those that came to transact business from gaining entrance. Though under the aegis of National Youth Council of Nigeria, FCT Chapter, the protesters obviously rented illiterates and semi- illiterates from the FCT hinterland displayed placards with various inscriptions backing President Buhari’s suspension of the CJN. The various inscriptions include “Justice is blind to status, to position. It must prevail”, “CJN Must Go”, “No one is above the law”, “PMB’s action is for rebirth of a new Nigeria”, among others. Chairman of the National Youth Council of Nigeria, FCT chapter, Suleiman Ango, said youths of the country are tired of corruption in every sphere of Nigeria’s life. He said: “We are here to support the suspension of Justice Onnoghen as Chief Justice of Nigeria and we want to categorically say that President Buhari’s action was lawful and followed due process. “We were all in Nigeria when Justice Ayo Salami was removed from office. Are we not in this country when the current Emir of Kano, His Royal Highness, Sanusi Lamido Sanusi, was suspended as Governor of Central Bank of Nigeria?” He vowed that the protesters will prevent the National Assembly from holding an emergency sitting today to discuss the CJN issue. “We will ensure that the sitting of the Senate and by extension the National Assembly tomorrow (today) will not hold. “Saraki’s plan to intimidate the Executive with a purported impeachment move will not be possible”. Ango said all anti- corruption agencies of this administration like the Code of Conduct Tribunal and the Economic and Financial Crimes Commission (EFCC) should be allowed to do their work without interference from politicians. The chairman said the protest was against the decision of the National Assembly to hold an emergency plenary to commence planned impeachment process of President Buhari. “Mr. President followed due process in suspending the CJN because the law says ant judge found guilty of corrupt practices must be made to face trial. The group called on Justice Onnoghen to take the part of honour to step down lending the probe of allegations against him by the CCT.